AB426: Bill Text

AB426,142,8 (h) "Water loss" has the meaning given in s. 281.35 (1) (L).

AB426,142,9 (i) "Withdrawal" has the meaning given in s. 281.35 (1) (m).

AB426,142,16 (2) Permit required. No person may engage in any withdrawal or use of surface water as part of a mining operation or bulk sampling unless the person has been issued a water withdrawal permit under this section. No person may engage in any withdrawal or use of groundwater as part of a mining operation or bulk sampling if the capacity and rate of withdrawal of all wells involved in the withdrawal of groundwater or the dewatering of mines exceeds 100,000 gallons each day unless the person has been issued a water withdrawal permit under this section.

AB426,142,21 (3) Permit application. (a) Application. Any person applying for a water withdrawal permit is required to submit only one application. A person applying for such a permit need not be a riparian owner. An application for a water withdrawal permit shall include any information requested by the department under s. 295.45 (3).

AB426,143,10 (b) Siting analysis. If withdrawal of water at a mining operation or for bulk sampling will involve one or more high capacity wells, the department shall require an applicant for a water withdrawal permit to submit a siting analysis for the purpose of determining the location of the high capacity wells. The analysis shall include alternate proposed locations for each high capacity well. In evaluating a submitted analysis, the department shall recognize there is a need for mining waste sites, processing facilities, including wastewater and sludge storage or treatment lagoons, to be contiguous to the location of the ferrous mineral deposit, and shall allow any high capacity well to be located so that need will be met. The department shall determine which location for each high capacity well has the fewest overall adverse environmental impacts to the extent practicable. In determining what is practicable, the department shall take into consideration the ability to implement any conservation measures that may be required under sub. (4) (b). Section 281.346 (5) (b) 5. does not apply to determining a location under this paragraph.

AB426,143,16 (c) Entry to land. After an application for a water withdrawal permit has been submitted under this section, the applicant may enter any land from which the applicant proposes to withdraw water or use water for the purpose of making any surveys required for the mining operation or bulk sampling, but no work may be commenced necessary for the mining operation or the bulk sampling until the department issues the permit under this section.

AB426,143,19 (4) Permit issuance. (a) General requirements. The department shall issue a water withdrawal permit if the withdrawal or use of the surface water or groundwater meets all of the following requirements:

AB426,143,22 1. The proposed withdrawal and uses of the water are substantially consistent with the protection of public health, safety, and welfare and will not be significantly detrimental to the public interest.

AB426,143,25 2. The proposed withdrawal and uses of the water will not have a significant adverse impact on the environment and ecosystem of the Great Lakes basin or the Upper Mississippi River basin.

AB426,144,2 3. The proposed withdrawal and use of the water will not be significantly detrimental to the quantity and quality of the waters of the state.

AB426,144,5 4. The proposed withdrawal and use of the water will not significantly impair the rights of riparian owners or the applicant obtains the consent of the riparian owners.

AB426,144,7 5. The proposed withdrawal and use of the water will not result in significant injury to public rights in navigable waters.

AB426,144,9 6. If the withdrawal or the use of the water will result in an interbasin diversion, the requirements of s. 281.35 (5) (d) 7. are met.

AB426,144,11 7. The proposed withdrawal or use of the water will comply with any requirements imposed by the department under par. (cm).

AB426,144,15 (b) Conservation measures. The person applying for the permit shall submit a plan to the department containing proposed conservation measures to meet the requirements under par. (a) and a proposed schedule for implementing the measures. The plan shall include one or more of the following measures:

AB426,144,17 1. Environmentally sound and economically feasible water conservation measures.

AB426,144,20 2. Restoration of hydrologic conditions and functions of the source watershed, or if the withdrawal is from a stream tributary to one of the Great Lakes, restoration of the hydrologic conditions and functions of that stream.

AB426,144,21 3. Protection of important upland groundwater recharge areas.

AB426,144,22 4. Stabilization of shorelands.

AB426,144,24 5. Restoration or enhancement of the natural beneficial uses and values of a stream or river.

AB426,145,2 6. Implementation of any feasible methods to offset impacts to water quality or quantity.

AB426,145,4 7. Supplementation of additional water to water bodies to offset lower water levels.

AB426,145,6 8. Taking steps to improve public rights or interests in navigable waters, if navigable waters are subject to the permit.

AB426,145,7 9. Mitigation or compensation as provided in s. 295.60.

AB426,145,10 10. Measures to offset significant impacts to navigable waters by providing public access to, restoring, or enlarging up to 1.5 acres of navigable waters in exchange for each acre of natural navigable waters that is significantly impacted.

AB426,145,11 11. A riparian restoration project, as defined in s. 295.60 (1) (n).

AB426,145,12 12. Measures as provided in s. 295.605.

AB426,145,20 (bn) Plan review; finding. In reviewing the plan, the department may require that conservation measures that are in addition to, or in conjunction with, one or more of the conservation measures specified in par. (b) 1. to 12. be included in the plan. After reviewing the plan and application, if the department finds that the requirements under par. (a) will be met by implementing some or all of the conservation measures contained in the plan, the department shall determine which measures shall be required, shall approve a schedule for implementation, and shall issue the permit.

AB426,146,2 (cm) Impacts to water supplies. If the department determines that a proposed withdrawal or use of water will result in a significant impact to a public or private water supply, the department shall require the applicant to offset that impact in a manner approved by the department, which may include a requirement that the applicant provide a replacement water supply of similar quality or provide an increased amount of water to the water supply.

AB426,146,11 (d) Public benefits. If the department finds under par. (bn) that the applicant cannot meet all of the applicable requirements under par. (a), the department shall nevertheless issue the water withdrawal permit if the department determines that the public benefits resulting from the mining operation exceed any injury to public rights and interests in a body of water that is affected by the mining operation or bulk sampling. In making this determination, the department shall recognize that the withdrawal and use of the waters of the state in connection with mining is in the public's interest and welfare and fulfills a public purpose and shall consider all of the following factors:

AB426,146,14 1. The extent to which the public rights in a navigable body of water, and its related environment, may be substantially and irreparably injured by the proposed withdrawal or use.

AB426,146,16 2. Public benefits that may be provided by increased employment, economic activity, and tax revenues from the mining operation.

AB426,146,18 3. The direct and indirect social benefits and costs that will result from the proposed mining operation.

AB426,146,20 4. The rights of riparian owners or other competing users to the water that will be subject to the permit.

AB426,146,22 5. The extent to which any impacts from mining or bulk sampling will be temporary.

AB426,146,24 (e) Use of nonriparian waters. Water withdrawn in accordance with a water withdrawal permit may be used on nonriparian property.

AB426,147,6 (f) Limits on permit denials. If the department determines that one of the water withdrawal activities subject to an application for a water withdrawal permit does not meet the requirements for issuing the permit under par. (a), (bn), or (d) and will not be authorized under the permit, the failure to authorize the activity may not affect the department's determination as to whether to approve or deny the permit for other water withdrawal activities that are subject to the application.

AB426,147,10 (5) Permit conditions. The department may impose reasonable conditions in a water withdrawal permit that do not interfere with the mining operation or bulk sampling or limit the amount of water needed for the mining operation or bulk sampling and that relate to any of the following:

AB426,147,11 (a) The location of the withdrawal or use.

AB426,147,12 (b) The authorized base level of water loss from the withdrawal or use.

AB426,147,14 (c) The dates on which or seasons during which withdrawal or use of the water may occur.

AB426,147,15 (d) The purposes for the withdrawal or use of the water.

AB426,147,17 (e) The amount and quality of return flow required and the place of the discharge.

AB426,147,19 (f) The requirements for reporting volumes and rates of withdrawal and any other data specified by the department.

AB426,147,22 (g) Any other conditions that the department determines are necessary to protect the environment and the public health, safety, and welfare and to ensure the conservation and proper management of the waters of the state.

AB426,147,24 (6) Permit modifications. (a) 1. An operator to whom a permit has been issued under this section may request a modification of any condition in the permit.

AB426,148,5 2. If the request for a modification under subd. 1. does not result in an increase in an existing withdrawal resulting in a water loss averaging more than 2,000,000 gallons per day in any 30-day period above the operator's authorized base level of water loss, within 30 days of receiving the request the department shall approve the request and amend the permit to incorporate the modification.

AB426,148,17 3. a. If the request for a modification under subd. 1. results in an increase in an existing withdrawal resulting in a water loss averaging more than 2,000,000 gallons per day in any 30-day period above the operator's authorized base level of water loss, the department shall determine whether it is required, under ch. NR 150, Wis. Adm. Code, to prepare an environmental assessment or environmental impact statement and, if so, shall prepare an environmental assessment or an environmental impact statement. If the department determines that, under ch. NR 150, Wis. Adm. Code, the operator must prepare an environmental impact report, the department may only request information in the environmental impact report that relates to decisions that the department makes under this section related to the permit and the department shall limit its analysis to an evaluation of the request for the modification.

AB426,149,2 b. The department shall publish a class 1 notice, under ch. 985, of the availability of information about a request to which this subdivision applies, its proposed decision on the request, the opportunity to comment within 30 days after the notice is published, and the opportunity to request a public informational hearing. The department shall also provide the notice to the applicant, the persons specified in s. 30.18 (4) (a), and if the modification involves a structure through which water transferred from the Great Lakes basin would be returned to the source watershed through a stream tributary to one of the Great Lakes, the governing body of each city, village, and town through which the stream flows or that is adjacent to the stream downstream from the point at which the water would enter the stream.

AB426,149,5 c. Within 180 days of receiving a request to which this subdivision applies, the department shall approve or deny as provided in sub. (4) the request and, if it approves the request, shall amend the permit to incorporate the modification.

AB426,149,15 (b) 1. The department may propose modifications to any of the conditions in the water withdrawal permit. If it proposes a modification, the department shall determine whether it is required, under ch. NR 150, Wis. Adm. Code, to prepare an environmental assessment or environmental impact statement and, if so, shall prepare an environmental assessment or an environmental impact statement. If the department determines that, under ch. NR 150, Wis. Adm. Code, the operator must prepare an environmental impact report, the department may only request information in the environmental impact report that relates to decisions that the department makes under this section related to the permit and the department shall limit its analysis to an evaluation of the proposed modification.

AB426,149,25 2. The department shall publish a class 1 notice, under ch. 985, of the availability of information about a proposed modification under this paragraph, the opportunity to comment within 30 days after the notice is published, and the opportunity to request a public informational hearing. The department shall also provide the notice to the applicant, the persons specified in s. 30.18 (4) (a), and if the modification involves a structure through which water transferred from the Great Lakes basin would be returned to the source watershed through a stream tributary to one of the Great Lakes, the governing body of each city, village, and town through which the stream flows or that is adjacent to the stream downstream from the point at which the water would enter the stream.

AB426,150,2 3. The department may not impose the modification until after the end of the public comment period under subd. 2.

AB426,150,6 4. Any modified condition under this paragraph may not interfere with the mining operation or limit the amount of water needed for the mining operation if the holder of the water withdrawal permit is implementing any conservation measures that are applicable under the permit.

AB426,150,8 (7) Relationship to other laws. None of the following apply to water withdrawal or use that is associated with mining operations or bulk sampling:

AB426,150,10 (a) Sections 30.18, 281.34, and 281.35 and any rules promulgated under those sections, except as specifically provided in this section.

AB426,150,13 (b) Any provision of ch. NR 812, Wis. Adm. Code, that conflicts with this section, except that s. NR 812.08, Wis. Adm. Code, does not apply to water withdrawal or use that is associated with mining operations or bulk sampling.

AB426,150,16 295.62 Mining waste site construction and completion reports. (1) An operator shall construct a mining waste site substantially in accordance with the approved mining waste site feasibility study and plan of operation.

AB426,151,2 (2) The operator shall inspect the mining waste site before it is used and ensure that all associated structures are in substantial compliance with the mining waste site feasibility study and plan of operation. The operator shall have a professional engineer, registered as such under ch. 443, document mining waste site construction and render an opinion as to whether the mining waste site has been constructed in substantial conformance with the mining waste site feasibility study and plan of operation. The engineer may use aerial or ground photographs to document the inspection, but photographs do not in themselves constitute compliance with this subsection. The operator shall maintain a complete file describing the items inspected and their condition.

AB426,151,5 (3) An operator shall notify the department in writing when the mining waste site has been constructed in substantial compliance with the mining waste site feasibility study and plan of operation.

AB426,151,17 (4) (a) Within 5 business days of receipt of written notice from an operator that the mining waste site has been constructed in substantial compliance with the mining waste site feasibility study and plan of operation, the department shall either review and inspect the mining waste site to ensure that it was constructed according to the approved mining waste site feasibility study and plan of operation or notify the operator that the department will not conduct a review and inspection before disposal of mining waste in the mining waste site. Within 3 business days of any review and inspection, the department shall notify the operator that the mining waste site may be used for the disposal of mining waste or identify all steps that must be completed to bring the mining waste site into substantial compliance with the mining waste site plan of operation. After the operator completes the steps, the operator shall notify the department that the steps have been completed.

AB426,151,19 (b) An operator may dispose of mining waste in a mining waste site after one of the following occurs:

AB426,151,22 1. The operator receives notice from the department under par. (a) that the department will not conduct a review and inspection before disposal of mining waste in the mining waste site.

AB426,151,24 2. The operator receives notice from the department under par. (a) that the mining waste site may be used for the disposal of mining waste.

AB426,152,2 3. The operator provides notice to the department under par. (a) that any steps required by the department to be completed under par. (a) have been completed.

AB426,152,12 295.63 Modifications; reporting. (1) (a) An operator at any time may request a change to a mining permit, the mining plan, the reclamation plan, or the mining waste site feasibility study and plan of operation for any mining site that the operator owns or leases, or request cancellation of the mining permit for any or all of the unmined part of a mining site. The operator shall submit an application for the change or cancellation in the form of a letter giving notice to the department of the proposed change or cancellation and shall identify in the letter the tract of land to be affected by a change in the mining plan, reclamation plan, or mining waste site feasibility study and plan of operation or to be removed from the permitted mining site.

AB426,152,18 (b) The department shall grant a request under par. (a) unless it determines that the requested change makes it impossible for the permit holder to substantially comply with the approved mining plan, reclamation plan, or mining waste site feasibility study and plan of operation. If the department determines that the requested change would make substantial compliance impossible, it shall follow the procedure in sub. (3).

AB426,153,2 (c) If the request under par. (a) is to cancel any or all of the unmined part of a mining site, the department shall ascertain, by inspection, if mining has occurred on the land. If the department finds that no mining has occurred, the department shall order release of the bond or other security posted for the land being removed from the permitted mining site and cancel or amend the operator's written authorization to conduct mining on the mining site. The department may not approve the removal of land where mining has occurred from a permitted mining site, or release that land from the bond or other security under this subsection, unless the operator has completed reclamation to the satisfaction of the department.

AB426,153,11 (2) The operator shall furnish the department with a report for each mining site within 30 days after the end of every 12-month period after issuance of the permit, within 30 days after completion of all mining at the mining site, and within 30 days after completion of the mining plan and of the reclamation plan, describing any reclamation work accomplished, or experimental reclamation work performed, during the preceding year. The operator shall include in the reports an annual plan map, color-coded and with a legend, showing all of the following, as of December 31 of the previous year, or as near to December 31 of the previous year as mining operations permit:

AB426,153,12 (a) Location and boundary of the mining area.

AB426,153,13 (b) Any mine mill.

AB426,153,14 (c) Any open pit.

AB426,153,15 (d) Stockpiles of overburden.

AB426,153,16 (e) Stockpiles of waste rock.

AB426,153,17 (f) Ferrous ore stockpiles.

AB426,153,18 (g) Streams, lakes, and reservoirs.

AB426,153,19 (h) Tailings basins.

AB426,153,20 (i) Roads.

AB426,153,23 (j) Sequential numbers or letters or other method, as approved by the department, permanently assigned to portions of the mining site that have been abandoned before abandonment of the entire mining operation.

AB426,153,25 (k) Changes in the surface area disturbed by mining during the preceding year, indicated by vertical crosshatching or other method approved by the department.

AB426,154,3 (L) Anticipated changes in the surface area disturbed by mining during the current year, indicated by horizontal crosshatching or other method approved by the department.

AB426,154,4 (m) Elevations of stockpiles and tailings basins.

AB426,154,7 (n) Drainage on and away from the surface area disturbed by mining, showing directional flow of water in drainage ways, natural watercourses, and streams, intermittent and flowing, including discharge from the mining.

AB426,154,9 (o) The name of the geologist, engineer, or surveyor responsible for the preparation of the map.

AB426,154,10 (p) The date the map was prepared.

AB426,155,3 (3) If the department finds that a change requested under sub. (1) (a) would make substantial compliance with the approved mining plan, reclamation plan, or mining waste site feasibility study and plan of operation impossible or it finds, based on a review conducted no more frequently than every 5 years, that because of changing conditions, including changes in reclamation costs or reclamation technology, the reclamation plan for a mining site is no longer sufficient to reasonably provide for reclamation of the mining site consistent with this subchapter, it shall require the applicant to submit an amended mining plan, reclamation plan, or mining waste site feasibility study and plan of operation and applications for amending any approval associated with the proposed amendments to the mining plan, reclamation plan, or mining waste site feasibility study and plan of operation. The public notice, public comment, and public hearing procedures in s. 295.57 apply to amended plans and applications under this subsection. The department shall approve or deny the amended mining plan, reclamation plan, or mining waste site feasibility study and plan of operation in accordance with s. 295.58, within 30 days following the close of the public comment period. The applicant may continue to operate under the existing mining permit until the amended mining permit is issued or denied.

AB426,155,5 295.635 Required mining waste site inspections, record keeping, reporting, and responses. (1) Definitions. In this section:

AB426,155,8 (a) "Active dam" means a dam and associated settling area into which tailings or wastewater are being introduced or that has not been reclaimed in a manner approved by the department.

AB426,155,11 (b) "Inactive dam" means a dam and associated settling area that is no longer being used for disposal of tailings or wastewater and that has been reclaimed in a manner approved by the department.